In this medical malpractice appeal, the defendants challenged findings that negligent immobilization of a hand fracture caused permanent disability and substantial damages.
The Court of Appeal held that the trial judge applied the correct specialist standard of care, properly inferred causation under the flexible approach in medical negligence cases, and was not required to apportion between tortious and non-tortious causes once the negligent treatment materially contributed to the entire injury.
The contributory negligence argument based on discontinuing physiotherapy failed because the evidence supported that the treatment was inappropriate and the patient sought alternative care.
The appeal succeeded only on quantum, with the award for past loss of income set aside for lack of evidentiary foundation.
